Florida Driving Laws for Drivers with Epilepsy
Florida driving laws for people with epilepsy are clear, thorough and detailed. To begin with, Florida driving law prohibits anyone from driving or operating a vehicle with any "disease" that could impair the ability to safely operate a vehicle. Two key questions must be considered by the Department of Highway Safety and Motor Vehicles when determining whether or not an individual can legally drive despite having a seizure disorder or epilepsy:
• Is the individual safe to operate a motor vehicle? In other words, is he or she able to control a car in a safe manner 100% of the time? Does this individual have seizures frequently enough that they could potentially have a seizure while driving?
• Was the seizure one that resulted in a loss of normal control over the vehicle and habits or lack of self-awarness? Was the seizure a Grand Mal seizure (also known as generalized tonic-clonic seizure)?
In short, the DMV reviews the person’s medical history and any records or results from a driver evaluation to determine the extent to which a seizure disorder affects the driver’s ability to control and operate a vehicle. Ultimately, it is up to the DMV to either decide that the individual can continue to hold a Florida driver’s license or to deny the individual the ability to operate a motor vehicle.
A few years ago, in 2013, the Florida legislature updated the laws for individuals with seizures to again allow for the temporary use of on-road driving tests. On-road driving tests are usually only administered when physician reports indicate that individuals have "slight deficits in areas of cognition , memory, attention or judgement, or exhibit diminished abilities to perform the tasks required for the safe operation of a motor vehicle." Essentially, on-road tests were once thought to be very unsafe to perform with such individuals, but Florida lawmakers found in 2013 that if administered under certain conditions, on-road driver tests can now be implemented.
The law provides for a 3-year probationary period, during which time the individual must have 10 or less "moving traffic violations" and must have passed a vision and hearing exam. If the violation points total is between one and 7, the probation must be extended by one year. If the individual violates any of these requirements at any time during the three years, the driver’s license is revoked until the conditions listed above are met. If, at the end of the three year period, the individual meets the requirements (i.e., 10 moving traffic violations or less, has passed vision and hearing exams and does not have alcohol or substance abuse issues), then the probationary period is over. At this time, the driver is issued a Florida driver’s license.
The law doesn’t stipulate the specific types of neuropsychological or driver evaluation tests that an individual must take. The specific tests required will vary. If you have questions about the various doctor examinations you, or someone you know, may be required to take to be able to drive with epilepsy or seizures, contact an attorney experienced in handling these cases.
Who Can Drive with Epilepsy in Florida?
Drivers in Florida with epilepsy are subject to specific criteria that must be met to be eligible to obtain and maintain a drivers’ license. These criteria being:
The following conditions may also apply:
If you meet these criteria, you may be eligible for licensure, subject to certain restrictions. The most common restriction is nighttime driving restriction, which is imposed on all drivers with epilepsy.
In addition to the above-mentioned conditions, new applicants applying for a Class E driver’s license cannot have had a seizure within the last three months.
Current license holders who meet the epilepsy criteria above are required to report their condition to the Florida Department of Highway Safety and Motor Vehicles, (DHSMV). Failure to do so will result in cancellation of their license, unless they have renewed their license since their last seizure.
It is important to note that any seizure that requires locking of the teeth, passage of urine or bowel movement, or loss of consciousness, automatically disqualifies a driver from maintaining licensure in Florida. In those circumstances, the driver must adhere to the minimum six-month waiting period, discussed above.
If you don’t meet the criteria elucidated above, you are not eligible for licensure in Florida. Ineligibility means that you cannot be behind the wheel of car, and your license can be cancelled or revoked by the DMV. The Florida DMV website provides dense and uniform information on epilepsy and driving, including additional information on the steps to take if you are denied licensure or revoke. We provide relevant excerpts below.
Medical Conditions and Reporting Obligations
One of the more complicated aspects of an epilepsy or other seizure disorder arrest is understanding "who is to advise" the FLHSMV that a person has a medical condition that may impact his or her ability to safely operate a motor vehicle. Under the current Florida statute, a person suffering from a number of medical conditions is required to report such to the FLHSMV. Furthermore, Florida Department of Highway Safety and Motor Vehicle’s ("FLDHSMV") Medical Review officers periodically meets with medical professionals to remind them of this duty and to advise that they not only have the right, but the obligation to report these medical conditions.
Florida Statute 322.126 sets forth the duty to report certain medical conditions, but it may be vague as to when that duty arises. To be sure, the statute requires a Florida-licensed health care practitioner to report a specific medical condition to the FLHSMV if he or she "knows that the person suffers from the medical condition and he or she knows or has reason to know that the person is a driver or is applying for a license when the medical condition exists." Under the statute, until the person is licensed, the duty to report rests with the potential licensee. Once licensed, the licensee assumes the reporting duty. The person’s health care practitioner thereafter has a continuing duty to report it if his or her condition deteriorates or fails to improve. Further, the statute places the burden of determining whether the requirement has been met on the licensee, rather than the medical practitioner.
License Application and Renewal Process
The procedures for applying for a driver’s license in Florida are fairly straightforward. However, when applying with a diagnosis of epilepsy, additional documentation may be required.
According to epilpesy.com, the first step in the process is understanding what your own state requires. This may start with filling out a form to determine whether your state will allow you to drive with your diagnosis of epilepsy. For those with epilepsy in Florida, the Epilepsy Foundation of Florida provides a form on their website.
In the state of Florida, an officer of the Florida Department of Highway Safety and Motor Vehicle Department evaluates driving credentials for all drivers who have checked "None" in answering a question regarding seizure disorders on the health status questionnaire section of the application form. If you receive a notice letting you know that you need to have a special review of your file before being issued a driver’s license, you may also be required to provide additional documents.
Depending on your situation and the information provided in your questionnaire, you may be required to have an eye exam, a hearing exam, or a neurological exam performed. A neurologist may be used to determine whether you are physically fit to drive a motor vehicle despite your epilepsy. Given the age differences, driving requirements may vary between adults and minors.
Severity of seizures and other conditions may affect the outcome of the approval process . Conditions such as the following may limit your ability to drive once tested by a neurologist: Since the risk of driving under the influence of the medications described above is higher, these conditions may disqualify you from a driver’s license in Florida.
After passing your test, you may need to obtain a waiver or special license test approval to obtain a driver’s license. If approved, all fees related to the issue of the driver’s license may be waived until the next renewal period. The special waiver may allow you to drive despite your diagnosis of epilepsy and is not transferable to another vehicle.
Renewal procedures for drivers with epilepsy are very similar to that of acquiring your first driver’s license. You may be required to consult a neurologist for testing of your seizure disorder before the Department of Highway Safety and Motor Vehicles will allow you to re-register. Most tests consider the following: Proper testing and examination by a neurologist are required before you can successfully obtain or renew your driver’s license in Florida. The test you are required to take depends upon the severity of your epilepsy and the symptoms you have experienced.
Florida laws regarding driving licenses and epilepsy are enforced on a case-by-case basis. It is strongly recommended that you consult with an experienced attorney to ensure your legal rights are protected and that you are able to obtain or retain your driver’s license despite your diagnosis of epilepsy.
Legal Ramifications of Non-Compliance
A motorist with epilepsy who obtusely chooses to ignore Florida’s laws governing eligibility to drive risks impairment as much as those who drive under the influence of drugs and alcohol. While the Florida legislature has made accommodations for most residents suffering from seizure disorders, there are still legitimate safeguards to protect the health and safety of the general public. In short, the laws regulating the operation of motor vehicles require that people with seizure conditions have their disorder controlled sufficiently before they can get a license to drive.
According to Florida Statute 322.56, people with epilepsy in this state can face a license suspension only if they ignore the six-month waiting period after the first seizure event. A person who has had one or more seizures is encouraged by the Department of Highway Safety and Motor Vehicles (DHSMV) to undergo an individualized evaluation that provides a better and more accurate assessment of their risk of car accidents due to their condition, as opposed to being subject to a suspension.
A person whose seizure condition is not adequately controlled or who has a medical history indicating a high probability of seizures is subject to suspension. Specifically, Florida Statute 322.42 states that people whose epilepsy is "so far controlled as to permit the safe operation of a motor vehicle" may drive in the sunshine state. If the manner in which the person’s seizure condition is controlled via medical management indicates that it is "unlikely to permit the safe operation of a motor vehicle, the person’s driving privilege shall be suspended until the Department of Highway Safety and Motor Vehicles determines that the person will meet [the] standards."
The Department of Highway Safety and Motor Vehicles does not require a person suffering from epilepsy to be seizure-free to be a licensed driver. While not driving for long periods after seizure events is a strict public health guideline, state laws governing the operation of motor vehicles with seizure conditions are designed as much for the benefit of the individual as the public at large.
A person who disobeys these requirements and drives despite their seizure condition is, of course, subject to the same legal penalties as are anyone else who drives without a valid license. Just like any other traffic violation, a person caught driving with a suspended license may be subject not only to fines but also civil and criminal penalties.
Driving with a suspended license can be charged as "a first degree misdemeanor and, upon conviction, shall be punished by a fine of not less than $500 nor more than $1,000 and by imprisonment for a period not exceeding 1 year." Any subsequent offense may be charged as "a third degree felony and, upon conviction, shall be punished by a fine of not less than $2,000 nor more than $5,000 and by imprisonment for a period not exceeding 5 years."
A severe aspect of the law in regards to epilepsy and driving entails the very real possibility that, when a person causes an accident due to driving with a suspended license, they may be charged with vehicular homicide. If the driver is intoxicated, there is a presumption that they knew their behavior was dangerous. However, even though there is no presumption that a person knew their condition was unsafe, a lack of knowledge in this context is legally culpable as well. In essence, regardless of the fact that the driver did not know their condition was out of control, their neglect of the various statutes that govern safe driving with a seizure condition makes them responsible.
Assistance and Resources for Florida Drivers with Epilepsy
Individuals with epilepsy living in Florida have a number of resources available to help them navigate the challenges of driving with this condition. Local and state organizations are focused on promoting public awareness of epilepsy, educating people on seizure disorders, and working to improve epilepsy treatment options. People interested in joining a support group, finding educational resources, or locating places to donate to in support of epilepsy research or treatment can find contact information for local and national organizations below.
The Epilepsy Foundation of Florida is located in Miami and has eight branch units around the state of Florida. The Miami headquarters offers individual, family, and group counseling as well as educational seminars. Each branch unit across the state provides social and recreational activity groups, educational programs, and 24-hour helplines. Individuals who would like to donate to this organization can do so via the Jaret & Cohn Challenge Fund Match for Epilepsy. Donations through the fund will be matched up to $100,000 in support of epilepsy care, education, research , and to increase the number of clinics in the state.
The Florida Department of Health’s Bureau of Epidemiology develops and supports education and prevention programs to reduce the occurrence of unexpected emergency department admissions of individuals with epilepsy. The Bureau of Epidemiology also conducts training and informational programs for hospital staff and emergency medical services personnel across the state. The Bureau of Epidemiology makes free epilepsy educational brochures available online and in hard copy to schools, public libraries, hospitals, and other public agencies.
The American Epilepsy Society, based in West Palm Beach, works to improve the lives of people living with epilepsy through continued medical education, professional networking and mentorship, access to research journals, and support for training. People looking for legal advice about driving with epilepsy in Florida may get legal guidance from a lawyer specializing in personal injury. A personal injury lawyer can answer questions about epilepsy, medical licensing requirements in Florida, and seizure disorder driving laws.